Child abuse is a serious offense involving the physical, emotional, or psychological maltreatment of individuals under the age of 18. The New Jersey Division of Child Protection and Permanency (DCP&P) works tirelessly to protect vulnerable victims, especially infants, children, and minors. It's well known that prosecutors always seek out the maximum penalties allowed under the law in these cases.
If you believe you've been wrongfully accused of child abuse or neglect, it's important to have a knowledgeable ally who can help you navigate the complexities of New Jersey legislation — and act promptly in your defense.
Dealing with the thorough investigations carried out by the DCP&P can be both overwhelming and devastating. Contact our dependable team today at 888-535-3686 or fill out a contact form to learn how we can help.
The Long-Term Impact of Child Abuse
Research shows that children who have experienced abuse or neglect are more likely to engage in risky behaviors like substance abuse and criminal activities as adults. This is just one of the reasons the Division is dedicated to its mission and has been granted significant authority to step in when a child's safety is at risk.
It's crucial for the public to report any suspected cases of abuse to the Division. However, this also means that an anonymous complaint can be filed against you by someone who believes they have witnessed abuse, even if no abuse has occurred. Once a report is made, the Division is obligated to investigate — even though the investigation process is often unclear and may not always be impartial.
Division investigations don't always follow the same procedures as law enforcement agencies. Their main objective is to assess whether a child is in danger rather than determining if a crime has been committed. That means they have the authority to remove a child from your care without pressing criminal charges. However, if their investigation reveals criminal behavior, they often involve the police.
If you find yourself under investigation by the Division, it can be a confusing and unsettling experience. Unlike in a criminal investigation, where you have the right to remain silent, choosing to stay silent during a Division investigation could be interpreted as a sign of guilt.
The New Jersey Division of Child Protection and Permanency
The DCP&P functions as an assistance network for families across the state. Committed to enhancing safety, well-being, and relationships for all individuals, this organization thoroughly examines reports of mistreatment, provides educational materials to prevent future harm, removes children from dangerous situations, and places the highest level of priority on the well-being of children within the social services system.
DCP&P promptly intervenes to protect at-risk children by taking legal action against individuals accused of child abuse or neglect. These actions often result in protective orders, the removal of the accused from their home, or the issuance of an arrest or conviction in the New Jersey family court.
DCP&P's extensive range of services offers support during an extremely turbulent time, and we are here to assist those who have been wrongly accused. Given DCP&P's speedy action upon receiving such serious accusations, it's essential to seek immediate legal advice from a knowledgeable DCP&P lawyer in Salem County.
Innocent People Can Still Face Allegations
If you find yourself facing false allegations, never make the assumption that you'll be found not guilty just because you have not committed any wrongdoing — or because the person who accused you has personal motives against you.
Rest assured that the moment the Division initiates an investigation, your rights as a custodial and parental figure are at risk. Therefore, it is of utmost importance to have a proficient legal team that understands the workings of Division investigations and knows how to advocate for your rights.
DCP&P Cases and Reporting in Salem County
If you're involved in a DCP&P investigation and reside in Salem County, you will work with our local office located at 199 East Broadway, 2nd Floor.
The Salem County DCP&P investigates two types of cases:
- Child abuse: When a parent, guardian, or caregiver causes or allows conditions for a child under the age of 18 to experience physical, sexual, or emotional harm.
- Child neglect: When a parent or caregiver fails to act or provide for a child under 18, resulting in the child being placed at immediate risk of serious harm.
If someone has reason to believe or suspect that a child has been subjected to abuse or neglect, they have a legal obligation to file a report. The State Central Registry, also known as the Child Abuse Hotline, is available 24/7 and can be contacted at 1-877-652-2873 (NJ ABUSE).
The following information may be collected on this type of call:
- Names of the child and parent(s) or guardian(s)
- Age of the child
- Address of the child
- Name of the accused caregiver and the relationship to the child
- Location of the alleged child abuse or neglect
- Details of the abuse or neglect
If you suspect that your child is experiencing abuse or neglect from a caregiver, it is crucial to seek legal counsel. Contact the Lento Law Firm Criminal Defense Team to get a thorough understanding of your rights — and the necessary actions to proceed.
How Do DCP&P Investigations Start in Salem County?
DCP&P is required by state legislation (Title 9 and Title 30) to conduct investigations into every allegation of child abuse and neglect. Within 24 hours of receiving the report, a case worker or police officer is dispatched to the child's home to initiate the official inquiry.
The process begins by assessing the child's living conditions and conducting interviews with all members of the household, including both adults and children. This initial assessment plays a critical role in determining whether legal action is necessary, although administrative resolutions are often pursued instead.
Regardless of the outcome, the investigative procedures in New Jersey stipulate that the investigation must be completed within 60 days of the initial report.
There are four primary classifications for findings, as follows:
- Substantiated: After considering aggravating and mitigating factors, the majority of evidence supports allegations of abuse or neglect. In such cases, the Division will pass on the findings, along with the uncovered evidence, to the Mercer County Authorities for potential prosecution. The name of the accused will be added to the New Jersey Child Abuse Registry, significantly limiting or even preventing the ability to have any contact with children, the elderly, or the disabled — in any capacity.
- Established: In the case of an established allegation, the Division caseworker has found sufficient evidence to support claims of abuse or neglect, but without any aggravating circumstances involved.
- Not Established: If the Division determines that the allegation is not established, it means that there is insufficient evidence to indicate that the child has experienced neglect or harm, but there is evidence suggesting a risk of imminent harm.
- Unfounded: The best possible outcome is when the Division worker rules the allegations as unfounded. This indicates that DCP&P has not found any evidence of child abuse or neglect.
If accusations of child abuse or neglect are validated, legal procedures might be initiated. Regardless of the outcome, our legal team can collaborate with you and the Division to determine the next steps.
Even in the event of an adverse result, we may still be able to develop a mutually agreeable plan that will enable you to maintain or regain your parental rights. The Lento Law Firm, a well-known DCP&P law firm, is available to support you in preparing your defense with confidence.
Salem County DCP&P Court Process
DCP&P court proceedings in Salem County typically include the following hearings:
- Order to Show Cause Hearing: This is the first hearing where DCP&P can take immediate action and present evidence for the allegations.
- Preliminary Hearing: The second hearing takes place approximately three weeks after the Show Cause Hearing, where the agency announces its decision to proceed or not.
- Fact-Finding Hearing: During this third hearing, DCP&P provides evidence to support the allegations of child abuse or neglect. Both parties are allowed to call witnesses, present evidence, and question relevant individuals.
- Dispositional Hearing: If the court determines that a child has been abused or neglected, this hearing is conducted to establish the next steps — which could involve removing the child from the home, mandating parenting classes or substance abuse treatment, or implementing other protective measures.
- Review Hearings: In cases where the accused is required to attend counseling or adhere to a treatment plan, periodic review hearings are held to help the court monitor their progress.
- Permanency Hearing: Approximately one year after the initial report, the court must make a decision on a permanent solution for the safe placement of the abused child. If the accused is a parent or guardian, they are given the opportunity to propose an alternative plan.
Aggravating and Mitigating Factors
Substantiated cases are considered to be very serious because they involve an aggravating factor — a circumstance that raises the case from a mere allegation of abuse to a potential crime. It may be more difficult to regain your parental rights in cases where the Division has found the following types of aggravating factors:
- Instances where the child has died or come close to death as a result of the abuse or neglect uncovered during the investigation
- The exposure of the child to sexually explicit images, materials, or illegal sexual activities
- A history of previous abuse against any children, even those who are not currently under your custody
- The denial of essential care that has caused significant harm or could have potentially caused significant harm to the child
- Failure to take appropriate and reasonable measures to protect the child from physical and/or sexual abuse
- Non-compliance with court orders regarding the child's care or failure to adhere to a child safety plan
- The potential for long-term physical, psychological, or emotional damage to the child
- A child who is particularly susceptible to abuse due to their age, disability, or developmental capabilities
The Division is also obligated to consider mitigating factors in cases of abuse or neglect. The presence of one or more of these mitigating factors could provide an opportunity for the restoration of your parental rights or lead the Division to develop a child safety plan that allows you to retain custody of your children.
Some examples of mitigating factors include:
- Taking affirmative steps to address the situation before the investigation concluded, such as hiring professionals to clean an unsafe home or removing an adult who was abusing controlled substances from the household
- Unusual and urgent circumstances that created a significant level of difficulty in providing proper care for the child
The Lento Law Firm Criminal Defense Team Can Help
If you find yourself involved in a child abuse or neglect case in New Jersey, it's essential to have a trustworthy Salem County DCP&P attorney on your side. Taking immediate action to secure legal representation can help prevent devastating consequences on the other side of the claim.
At the Lento Law Firm, we recognize the difficulties and concerns that arise when dealing with the DCP&P. The Lento Law Firm Criminal Defense Team will advocate for your rights and ensure that you fully understand your legal position throughout the child abuse case.
Call us at 888-535-3686 or fill out a contact form so we can help you and your family navigate this trying time.
